Judicial Biography and the Behavioral Persuasion

Abstract

This paper appraises the relationship between judicial biography and judicial behavior research in two ways: (1) conceptually, by comparing them as modes of inquiry; and (2) empirically, by making an inventory of the behavioral content of 15. leading judicial biographies. The central theme is that judicial biographies and judicial behavior research are complementary. Conceptually, they have important common premises and problems as well as major differences. Empirically, judicial biographies also offer considerable insight into judicial behavior. Using generous standards, the inventory of 15 biographies derived 2,232 behavioral-like propositions in eight categories of behavioral research. More importantly, the biographies suggest a substantial number of hypotheses worthy of empirical investigation and validation. When viewed as case studies in judicial politics, judicial biographies thus become related to behavioral inquiry. And their strengths and weaknesses fall into place as reflecting properties generally associated with case study as a mode of political analysis.